DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on July 29, 2026 has been entered.
Status of the Claims
Claims 1-20 are pending and are currently under examination.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Faitus et al. (EP 0 828 008 B1).
In regard to claim 1, Faitus et al. (EP ‘008) discloses aluminum base alloys having compositions relative to that of the instant invention as set forth below (Table in claim 1).
Element
Instant Claim
(weight percent)
Faitus et al. (EP ‘008)
(weight percent)
Overlap
Bi + Sn
0.65 – 3.0
0.2 – 0.7 Bi
0.65 – 0.70
Si
0.50 – 4.0
0.6 – 1.4
0.6 – 1.4
Mg
0.30 – 2.5
0.6 – 1.2
0.6 – 1.2
Cu
0.25 – 1.5
0 – 0.50
0.25 – 0.50
Zn
0 – 2
0.6 – 1.2
0.6 – 1.2
Mn
0.05 – 1.5
0.2 – 0.60
0.2 – 0.60
Fe
0 – 0.70
0 – 0.50
0 – 0.50
Cr
0 – 0.35
0
0
Zr
0 – 0.25
0
0
V
0 – 0.25
0
0
Ti
0 – 0.15
0 – 0.20
0 – 0.15
Sr
0 – 5 ppm
0
0
Al
Balance
Balance
Balance
The Examiner notes that the amounts of bismuth, tin, silicon, magnesium, copper, zinc, manganese, iron, chromium, zirconium, vanadium, titanium and strontium for the aluminum base alloys disclosed by Faitus et al. (EP ‘008) overlap the amounts of the instant invention, which is prima facie evidence of obviousness. MPEP 2144.05 I. It would have been obvious to one having ordinary skill in the art prior to the filing of the instant invention to select the claimed amounts of bismuth, tin, silicon, magnesium, copper, zinc, manganese, iron, chromium, zirconium, vanadium, titanium and strontium from the amounts disclosed by Faitus et al. (EP ‘008) because Faitus et al. (EP ‘008) discloses the same utility throughout the disclosed ranges.
With respect to the recitation “wherein the aluminum alloy comprises at least 0.20 wt.% excess silicon” in claim 1, at least [0016] of the instant specification and claim 5 teach that excess silicon is computed by ((wt.% Si)-((wt.% Fe)*0.333))-((wt. % Mg)/1.73). Since Faitus et al. (EP ‘008) discloses compositions such as one having 1.2 weight percent silicon, 0.1 weight percent iron, and 0.8 weight percent magnesium, which would give an excess silicon value of 0.704, which would be greater than 0.2 and would read on the claim.
In regard to claim 2, the alloy in claim 1 of Faitus et al. (EP ‘008) does not require the presence of tin and therefore would read on the claim.
In regard to claim 3, the alloy in claim 1 of Faitus et al. (EP ‘008) does not require the presence of tin and therefore would read on the claim.
In regard to claim 4, the alloy in claim 1 of Faitus et al. (EP ‘008) discloses 0.2 to 0.7 weight percent bismuth, which overlaps the range of the instant invention (Table in claim 1). MPEP 2144.05 I.
In regard to claim 5, the alloy in claim 1 of Faitus et al. (EP ‘008) discloses compositions such as one having 1.2 weight percent silicon, 0.1 weight percent iron, and 0.8 weight percent magnesium, which would give an excess silicon value of 0.704, which would be greater than 0.3 and would read on the claim (Table in claim 1).
In regard to claim 6, Faitus et al. (EP ‘008) discloses 0.6 to 1.4 weight percent silicon, which overlaps the range of the instant invention (Table in claim 1). MPEP 2144.05 I.
In regard to claim 7, Faitus et al. (EP ‘008) discloses 0.6 to 1.2 weight percent magnesium, which would read on the instant invention (Table in claim 1).
In regard to claim 8, Faitus et al. (EP ‘008) discloses 0 to 0.5 weight percent copper, which overlaps the range of the instant invention (Table in claim 1).
In regard to claim 9, Faitus et al. (EP ‘008) discloses 0.6 to 1.2 weight percent zinc, which overlaps the range of the instant invention (Table in claim 1). MPEP 2144.05 I.
In regard to claim 10, Faitus et al. (EP ‘008) discloses 0 to 0.5 weight percent iron, which encompasses the range of the instant invention (Table in claim 1).
In regard to claim 11, Faitus et al. (EP ‘008) discloses 0.2 to 0.6 weight percent manganese, which is within the range of the instant invention (Table in claim 1).
In regard to claim 12, Faitus et al. (EP ‘008) discloses 0 to 0.2 weight percent titanium, which encompasses the range of the instant invention (Table in claim 1).
In regard to claim 13, Faitus et al. (EP ‘008) discloses wherein the other elements would have a maximum of 0.05 weight percent and as such there would be a maximum of 0.05 weight percent of elements such as strontium (Table in claim 1).
In regard to claim 14, Faitus et al. (EP ‘008) discloses wherein the other elements would have a maximum of 0.05 weight percent and as such there would be a maximum of 0.05 weight percent of elements such as indium (Table in claim 1).
In regard to claim 17, Faitus et al. (EP ‘008) does not require the presence of lead and therefore reads on the instant invention (Table in claim 1).
With respect to the recitation “comprising not greater than 0.50 mol% Mg2Sn as calculated using PANDAT and a temperature of 340°F” in claim 18, Faitus et al. (EP ‘008) does not require the presence of tin and therefore reads on the claim (Table in claim 1).
Allowable Subject Matter
Claims 15-16 and 19-20 are allowed for the reasons as set forth in the Office Action of February 5, 2026.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 and 17-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessee Roe whose telephone number is (571)272-5938. The examiner can normally be reached Monday thru Friday 7:30 am to 4 pm.
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/JESSEE R ROE/Primary Examiner, Art Unit 1759
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